Sexual Violence Reporting

Sexual Assault includes any unwanted sexual contact between a victim and an offender. This contact may or may not include force. Examples are verbal threats, grabbing and fondling. Both women and men, of any age, can become victims of sexual assault.

An act of sexual assault may be committed by a stranger or an acquaintance. In either case, we encourage you to take immediate action. This was not your fault. Your first thought should be to take care of yourself.

Gender-based verbal or physical conduct that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies or limits someone’s educational access, benefits, or opportunities and is based off the creation of a hostile environment, power differentials (quid pro quo), or retaliation.

Three Types of Sexual Harassment

18.1.1. Hostile Environment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive and objectively offensive that it alters the conditions of employment or limits, interferes with or denies educational benefits or opportunities, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint.

Consideration is given to the following:

the frequency of the conduct;

the nature and severity of the conduct;

whether the conduct was physically threatening;

whether the conduct was humiliating;

the effect of the conduct on the alleged victim’s mental or emotional state;

whether the conduct was directed at more than one person;

whether the conduct arose in the context of other discriminatory conduct;

whether the conduct unreasonably interfered with the alleged victim’s educational or work performance; or

whether the statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness;

whether the speech or conduct deserves the protections of academic freedom.

18.1.2. Quid pro quo sexual harassment exists when there are unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and submission to or rejection of such conduct results in adverse educational or employment action.

18.1.3. Retaliatory harassment is any adverse employment or educational action taken against a person because of the person’s participation in a complaint or investigation of discrimination or sexual misconduct.

18.2. Non-Consensual Sexual Intercourse (or attempts to commit same) is any sexual intercourse (anal, oral, or vaginal), however slight, with any object, by a man or a woman upon a man or a woman, without consent and/or by force*. (Examples include, vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue or finger, and oral copulation(mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.)

18.3. Non-Consensual Sexual Contact is any intentional sexual touching, however slight, with any object, by a man or a woman upon a man or a woman, without consent and/or by force*. (Examples include, intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these parts, or making another touch you or themselves with any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breast, buttocks, groin, genitals, mouth or other orifice.)

18.4. Sexual Exploitation

Occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

Invasion of sexual privacy

prostituting another person;

non-consensual video or audio-taping of sexual activity;

going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);

engaging in voyeurism;

knowingly transmitting an STI or HIV to another person;

exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;

sexually-based stalking and/or bullying may also be forms of sexual exploitation.

18.5. Consent

18.5.1 Consent is knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct.

18.5.2 A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy. It is not an excuse that the individual respondent of sexual misconduct was intoxicated and, therefore, did not realize the incapacity of the other.

18.5.3 Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). This policy also covers a person whose incapacity results from mental disability, involuntary physical restraint, and/or from the taking of incapacitating drugs.

18.5.4 Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. Silence or the absence of resistance alone is not consent.

18.5.5 A person can withdraw consent at any time during sexual activity by expressing in words or actions that he or she no longer wants the act to continue, and, if that happens, the other person must stop immediately.

18.5.6 A minor below the age of consent according to state law cannot consent to sexual activity. This means that sexual contact by an adult with a person below the age of consent is a crime as well as a violation of this policy, even if the minor appeared to have wanted to engage in the act.

18.6 Force

18.6.1 Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implies threats) and coercion that overcome resistance or produce consent (“Have sex with me or I’ll hit you. Okay don’t hit me, I’ll do what you want”).

18.6.2 Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that he or she does not want sex, wants to stop, or does not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. (Note: There is not requirement that a party resist the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition of non-consensual, but non-consensual activity is not by definition forced.)

18.6.3. In order to give consent, one must be of legal age.

18.6.4. Sexual activity with someone you know to be--or based on the circumstances should reasonably have known to be—mentally or physically incapacitated (by alcohol or other drug use, unconsciousness, or blackout), you are in violation of this policy.

Incapacitation is a state where one cannot make a rational, reasonable decision. When incapacitated, one lacks the ability to know or understand critical elements of a decision about sexual interaction --who, what, when, where, why, or how.

This policy also covers sexual activity with someone whose incapacity results from mental disability, sleep, shock, involuntary physical restraint, or from the taking of a so-called “date-rape” drug. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketamine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another person for the purpose of inducing incapacity is a violation of this policy. More information on these drugs can be found at www.911rape.org/

Use of alcohol or other drugs will never function to excuse behavior that violates this policy.

The sexual orientation and/or gender identity of individuals engaging in sexual activity is not relevant to allegations under this policy. For reference to the pertinent state statutes on sex offenses, please seehttps://www.revisor.mn.gov/statutes/?id=609 .

18.5 Stalking

Stalking is (1) a course or pattern of unwelcome and unwanted conduct (2) that a person knows or has reason to know (3) would cause the victim under the circumstances to feel frightened, threatened, oppressed or intimidated or to suffer substantial emotional distress.

Stalking is prohibited by Minnesota law. See Minnesota Statutes Section 609.749. Stalking behavior includes, but is not limited to:

Following or lying in wait for the victim at places such as home, school, work or recreational facilities.

Making direct or indirect threats to harm the victim or the victim’s children, relatives, friends or pets.

Damaging or threatening to damage the victim’s property.

Posting information or spreading rumors about the victim on the internet, in a public place, or by word of mouth.

Unreasonably obtaining personal information about the victim by accessing public records, using internet search services, hiring private investigators, going through the victim’s garbage, following the victim, or contacting the victim’s friends, family, work or neighbors.

18.6. Sanction Statement for Students

Note: Both the Complainant and Respondent will be made aware of the hearing outcome and any imposed sanctions.

18.6.1. Any person found responsible for violating the policy on Non-Consensual Sexual Contact (where no intercourse has occurred) will likely receive a sanction ranging from warning to dismissal, depending on the severity of the incident, and taking into account any previous campus conduct code violations.*

18.6.2. Any person found responsible for violating the policy on Non-Consensual Sexual Intercourse will likely face a recommended sanction of suspension or dismissal.*

18.6.3. Any person found responsible for violating the policy on sexual exploitation, sexual harassment, retaliation or stalking will likely receive a recommended sanction ranging from warning to dismissal, depending on the severity of the incident, and taking into account any previous campus conduct code violations.*

*The Judicial Officer or Judicial Body (Title IX Investigators and/or Title IX Coordinator) reserves the right to broaden or lessen any range of recommended sanctions in the complaint of serious mitigating circumstances or egregiously offensive behavior.

Providing information is the only way the University can take action against an alleged assailant. Anyone may choose to file a report of sexual misconduct at any time, however you are strongly encouraged to notify a University official of an assault as soon as possible. Reporting within 72 hours will help ensure the student receives appropriate medical attention and emotional support.

The University reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct in order to protect students' rights and personal safety.

Although victims of sexual misconduct are encouraged to inform University officials, the University recognizes that some victims may be hesitant to submit a report for fear that they themselves may be accused of policy violations. Because it is in the best interest of our community to have victims share their information, University policy provides victims amnesty from conduct violations related to the incident.

Tell someone you trust, such as a friend, a faculty person, your hall director or RA, a family member or counselor. They can provide support and accompany you to other services.

Seek immediate medical attention. If necessary, medical personnel can confidentially screen for injury and evidence. These exams are completely confidential and their results are not given to the police unless you give permission.

Regions Hospital (651-254-3306) is located at 640 Jackson in St. Paul. Information about the Sexual Assault Nurse Examiner (S.A.N.E.) program can be found at 651-254-1611. You may go to the Regions ED by yourself or with a friend. You may also call your area Police Department (St. Paul) at 651-291-1111 or 911 for protection and transportation to the hospital.

If possible, DO NOT change clothes, bathe, shower, brush your teeth or go to the bathroom before going to the ED. If you must change your clothes, bring clothing worn during the assault with you, preferably placing each item in a separate bag. Also bring any tampon or pad worn. If you must urinate, void small amount of urine into a cup, and bring it with you. DO NOT wipe after urinating.

You will be met at Regions ED by an Sexual Offense Services counselor (S.O.S.) and a specially trained Sexual Assault Nurse Examiner (S.A.N.E.). The S.O.S. counselor will provide emotional support and confidential counseling. The S.A.N.E. nurse will provide sensitive and expert medical care.

Before your counseling and medical care begins, your options will be completely explained, and you may agree to or refuse any options discussed. All care provided is confidential. You will be asked to sign a consent form for the care to be provided.

With the occasional exception of a few preventative medications, there is no charge for care related to sexual assault at Regions Hospital ED. Regions ED is open 24 hours a day, 7 days a week.

Immediate emotional support and/or ongoing professional counseling is helpful in dealing with the effects of your traumatic experience. This is also true for friends of someone who has experienced an assault.

Sexual assault is a crime. Your safety and protection are important. Call the police 651-291-1111 (St. Paul), 911 or Concordia Security 651-641-8278 for protection and to report the assault.

You may file charges both through the Concordia University disciplinary process and through the State court system. To get information about the campus judicial process, contact Jason Rahn, Associate Vice President for Student Life, 651-641-8706.

All faculty and staff (including Resident Assistants) are mandatory reporters. Mandatory reporters must inform the Title IX Coordinator of any incident in which they are made aware. The exception is the Campus Pastor and Campus Ministry Associate, who are confidential employees and do not need to report to the Title IX Coordinator.

Concordia University encourages individuals who believe they have been sexually assaulted to pursue criminal action against the alleged perpetrator of the sexual assault. An individual may pursue criminal action and an internal campus complaint concurrently. Retaliation against an individual who brings a complaint or participates in an investigation of sexual assault or pursues legal action is prohibited and will not be tolerated. Victims of sexual violence have these rights:

To file criminal charges with local law enforcement officials;

To receive the prompt assistance of Concordia authorities upon request of the victim in notifying appropriate law enforcement;

To an investigation and resolution of a sexual violence complaint by Concordia disciplinary or judicial authorities;

To participate in and to have an attorney or other support person at any Concordia disciplinary proceeding concerning a sexual violence complaint;

To be promptly notified of the outcome of a Concordia disciplinary proceeding (subject to the limitations of state and federal laws relating to data privacy practices);

To the assistance of Concordia authorities, at the direction of law enforcement authorities, in obtaining, securing and maintaining evidence in connection with a sexual assault incident;

To the assistance of Concordia authorities in preserving complaint or victim materials relevant to a Concordia disciplinary proceeding;

To the assistance of Concordia authorities in cooperating with the appropriate law enforcement authorities and, at the victim's request, in shielding the victim from unwanted contact with the alleged assailant, including transfer of the victim to alternative classes or to alternative university-owned housing (if alternative classes or houses are available and feasible); and

To seek assistance from the Minnesota Crime Victims Reparations Board and the Minnesota Crime Victims Ombudsman.

You may file charges both through the Concordia University disciplinary process and through the State court system. To get information about the campus judicial process, contact Jason Rahn, Associate Vice President for Student Life, 651-641-8706.

Get immediate medical attention. You are encouraged to be seen by a SANE nurse within 72-hours. ~A SANE nurse is a Sexual Assault Nurse Examiner. These medical professionals have been trained to work specifically with survivors of sexual assault. ~ An exam will be offered to assess your medical condition and to gather evidence, and basic medical care will be provided. Also, a test for sexually transmitted diseases will be offered.

If possible, do not clean your body or clothes until after the medical exam. Any physical signs of the assault may be used as evidence. Taking a shower or bath, or washing your clothes may remove vital evidence.

Following an assault you may not be immediately interested in gathering evidence, or you may be distressed by the thought of making a police report. Keep in mind that if you seek treatment from a SANE nurse, you will NOT be required to file a report or inform your parents, you will get specialized medical care, and you will keep the option available for later if you decide then that you would prefer to report—it will still be your decision. Prior to providing care, the SANE nurse will explain the exam, answer your questions, and perform only the procedures to which you give consent.

These procedures apply to student, staff, and faculty complaints of sexual misconduct against other students, employees or third parties.

The University will respond to allegations of sexual misconduct, which may include taking interim measures such as a “no contact” order between parties, interim suspension, room reassignment and/or academic accommodations. The University prohibits retaliation against complainants and anyone participating in an investigation.

CSP will investigate all reported incidents of sexual misconduct, regardless of whether a complaint is filed. Both parties will be provided periodic updates during the investigation process. Both parties will be advised in writing of the outcome of a complaint once a decision has been reached. Either party may appeal the results of the investigation. Complaints may be resolved through formal or informal resolution procedures.

All sexual misconduct investigations will proceed whether or not a related criminal matter is pending. The University will ask the complainant(s) and respondent(s) for a written acknowledgment of the incident(s). Investigations will be kept as private as possible and information is disclosed only on a “need to know” basis. The University is obligated to investigate the matter to the best of its ability even if a complainant asks the University not to take any action.

CSP balances the rights of alleged perpetrators with complainants’ Title IX rights in disciplinary hearings involving sexual misconduct. The University will treat the parties equitably. Both parties will be given similar and timely access to information that will be used at the hearing (investigation meeting). Both parties will receive simultaneous written notice of the outcome of the hearing and of any appeal process.